20131205 TZCA Mwanza

20131205 TZCA Mwanza

The applicant failed to satisfy the mandatory requirement of providing security for due performance of the decree as required by Rule 11(2)(d)(iii); absence of such security precludes grant of stay of execution.

Citation
20131205 TZCA Mwanza
Parties
Applicant: Geita Gold Mining Limited; Respondent: Twalib Ally
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 December 2013
Procedural Posture
Civil Application / Application for Stay of Execution Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Execution, Security for Due Performance, Monetary Decree, Appellate Conditions
Source Language
English
Civil Procedure Appellate Practice Stay of Execution Security for Due Performance Monetary Decree Appellate Conditions

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Parties

Geita Gold Mining Limited

Applicant

Twalib Ally

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant satisfied the conditions for grant of stay of execution under Rule 11(2)(d) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The applicant failed to satisfy the mandatory requirement of providing security for due performance of the decree as required by Rule 11(2)(d)(iii); absence of such security precludes grant of stay of execution.

Court Disposition

Application dismissed

Orders

  • Application for stay of execution is dismissed with no order as to costs.